He also disputed the correctness of several observations made by the Kapur Commission, which was set up in 1966, saying they were again contrary to the evidence available on record.Bobde and L. Some of the observations and findings of the Kapur Commission Report were factually incorrect, contrary to principles of natural justice and barred by res judicata. However, the two convicts were hanged to death on November 15, 1949 and hence the Supreme Court did not have an occasion to decide the case on merits.Justice Bobde reminded the petitioner that there was question of limitation even in criminal cases and they can鈥檛 be re-opened.
Further, the petitioner believes that the Kapur Commission did not deal with evidence presented before it by credible witnesses in respect of the larger conspiracy behind the murder of the Mahatma Gandhi. The petitioner also sought to ascertain the veracity of the finding of the trial court and Punjab high court that China automatic spray gun three bullets were fired by Godse from the gun at Gandhi when the material facts on record show that four bullets were fired.Dr Phadnis told the court that New York Times reported that one Thomas Reiner, vice-counsel of the US embassy was the one who apprehended Godse.
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